A Priest who appeared before Wexford Circuit Court yesterday on 29 charges of sexually abusing young men was remanded in custody to the Central Mental Hospital, Dundrum.
His trial had been due to begin yesterday but, following submissions from his legal team, Judge Joseph Mathews had him remanded in custody for treatment pending a new trial.
The priest had been sent forward from the District Court on 66 charges of sexual abuse and yesterday was arraigned on 29 charges: one of buggery, 12 of gross indecency, and 16 of indecent assault. The charges relate to dates unknown from June 1st, 1981, to December 30th, 1987. He has pleaded not guilty.
The 45-year-old priest appeared in court wearing clerical garb. He entered the court on crutches, and a wheelchair stood at the bottom of the stairs leading to the court.
There followed legal submissions yesterday afternoon in the absence of the jury involving Mr Jeremy Maher, for the priest, and Mr Michael Counihan SC, for the DPP. These concerned the defendant's fitness to plead.
Judge Matthews ruled that the case would be heard before a new jury. It would take a number of weeks to summon a new jury. He ordered that the priest be remanded to the Central Mental Hospital. If he was found fit to plead, a second jury would be chosen to hear the case.
Earlier in the hearing, the priest stood while the court registrar read out the 29 charges. However, after the 16th was read out, one of gross indecency, he asked Judge Mathews if he could sit. "I'm getting very weak. Can I sit down please?"
Once granted permission, he replied: "Thank you, my lord."
Later he appeared to fall asleep, with his head on the bench before him. He was approached by a garda who shook him gently and appeared to ask if he was all right.
It is four years since the allegations were first made against the priest. The case has taken 21/2 years since he was returned for trial. During that time, a judicial review was taken by the priest in the High Court. The judgment was subsequently appealed to the Supreme Court by the priest and the State.
The priest withdrew his appeal before that case was heard. Yesterday morning there was a delay of 21/2 hours as some 70 potential jurors, alleged victims and their families waited for the trial to begin.
Judge Mathews apologised: "I apologise very sincerely for the fact that you were kept waiting for so long without information as to why." He added that, during the morning, certain applications, purely to do with the law, were made to him but were not matters to do with the jury.
Two solicitors from a Co Wexford firm, Kirwan & Kirwan, attended the court yesterday on behalf of the diocese of Ferns, as well as a solicitor, Mr Simon Kennedy, and a barrister, Ms Deirdre Murphy, representing some of the alleged victims. The jury chosen yesterday will be discharged this morning.